Sec. 22-128. Powers and duties of commissioner. Access to premises. Removal or abatement of insanitary condition. Civil penalty.
Sec. 22-128. Powers and duties of commissioner. Access to premises. Removal
or abatement of insanitary condition. Civil penalty. (a) The commissioner may employ such agents and assistants as are necessary to enforce the provisions of this chapter
and the provisions of the regulations of the Milk Regulation Board and the orders of
the commissioner as authorized by said board, and he and his deputy or agents and
assistants, for the purpose of examining into any suspected violation of the provisions
of this chapter, shall have free access, at all reasonable hours, to all places and premises,
apartments of private families keeping no boarders excepted, in which he suspects that
the laws relating to milk or any other milk product under his jurisdiction are being
violated.
(b) The agents of any dealer, cooperative or other transportation agencies having
knowledge or record of any consignment of milk and cream shall inform the commissioner or his deputy, agent or assistant of such consignment and the name of the consignee when requested by the commissioner or his deputy, agent or assistant.
(c) The commissioner or his deputy, agent or assistant shall make an examination
of the premises of any farm or dairy, or any place in which cattle, dairy stock or other
domestic animals are kept within this state, in which any insanitary condition liable to
affect the products of such farm or dairy exists, or is reported or suspected to exist.
When any such condition is found by him, he shall notify the owner or occupant of the
premises upon which such condition exists to remove or abate the same at the expense
of such owner or occupant, within such time as the commissioner or his deputy, agent
or assistant directs; and he may, by notice in writing to the owner or occupant, prohibit
the sale of any milk or milk products produced on any farm or in any dairy, the owner
or occupant of which fails to comply with any order of the commissioner or his deputy,
agent or assistant to remove or abate any insanitary condition existing on such premises
which is liable to affect the products of such farm or dairy, until such insanitary condition
is removed or abated to the satisfaction of the commissioner or his deputy, agent or
assistant, and such prohibition shall be terminated by him in writing, but such prohibition
may remain in effect five days at the discretion of the commissioner.
(d) Any person who refuses the access provided for herein to the commissioner,
his deputy, agent or assistant, or who sells any milk or milk products of any farm or
dairy, the sale of which has been prohibited as herein provided, shall be assessed a civil
penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3176; 1949, S. 1732d; 1961, P.A. 190; P.A. 84-34, S. 2; P.A. 91-312, S. 43; May 25 Sp. Sess. P.A. 94-1, S. 85, 130.)
History: 1961 act replaced agents of "railroads and express companies" with agents of "any dealer, cooperative or other
transportation agencies"; P.A. 84-34 added reference to Sec. 22-162a; P.A. 91-312 divided section into Subsecs., amended
Subsec. (a) to delete reference to Sec. 22-162a since said Sec. already included in existing reference to "this chapter" and
amended Subsec. (d) to replace criminal penalty of a fine of not more than $25 or imprisonment of not more than 30 days
or both with provision for the assessment of a civil penalty and to delete provision that evidence of violation of any provision
of this section shall be prima facie evidence of wilful violation; May 25 Sp. Sess. P.A. 94-1 made a technical change in
Subsec. (d) for accuracy, effective July 1, 1994.
Cited. 111 C. 440.